Non-Competes and Unfair Competition

Allyn & Fortuna’s attorneys are skilled and offer a multidisciplinary approach to help employers confront all forms of unfair competition. We help clients minimize the risk of unfair competition and maximize their ability to defend against the unlawful appropriation of invaluable assets by advising them with respect to preventive strategies that protect their interest in confidential information and customer goodwill. When preventive efforts fail, we aggressively litigate claims in forums ranging from state, federal and bankruptcy courts to arbitration tribunals.

Trade Secret Protection Programs

The key to preventing unfair competition is an effective Trade Secret Protection Program that guards against the loss of confidential information, deters employees from unfairly competing, and enhances the employer’s ability to prevail in litigation. In addition, we provide the following services:

  • Drafting non-competition agreements, non-disclosure agreements, assignment of invention agreements, and similar documents;
  • Preparing executive and individual employment agreements;
  • Consulting on electronic information retention and security policies; and
  • Training employees on polices regarding confidential information, non-competes, and other protective measures.

Litigating Unfair Competition Claims

Allyn & Fortuna’s attorneys have litigated all types of unfair competition claims in courts and are knowledgeable about local procedures. We can respond to injunction matters on minimal notice in state and federal courts. In addition to injunction proceedings, we represent employers in other workplace unfair competition claims, including theft of trade secrets, employee raiding, breach of fiduciary duty claims and violations of state unfair competition laws.